HomeMy WebLinkAbout1991-08-20; City Council; Resolution 91-2594
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RESOLUTION NO. 91-259
A RESOLUTION OF THE CITY COUNCIL OF CARLSBAD
CALIFORNIA APPROVING AN ABOVE GROUND
ENCROACHMENT ALONG THE WEST PROPERTY LINE AT
3471 DONNA DRIVE.
WHEREAS, a request has been made to install and maintain a retaining wa
public utility easement, and
WHEREAS, the wall is to be constructed on property described as Lot 53 oi
No. 4051 filed in the office of the County Recorder of San Diego County.
WHEREAS, the wall is to be constructed within a public utility ease
approximately one foot east of existing brow ditch, and
WHEREAS, the City Engineer has determined the encroachment will not adw
affect the City’s ability to maintain the easement, and
WHEREAS, the property owners proposing the encroachment have executc
Encroachment Agreement wherein they covenant and agree with the City of Carlsb
follows:
1. That above described structure shall be installed and maintained in i
condition at the sole cost, risk and responsibility of owners and successors in int
who shall hold the City harmless with respect to City owned facilities.
2. Whatever rights and obligations were acquired by the City with resp
the public right of way shall remain and continue in full force and effect and shall
way be affected by the City’s grant of permission to construct and maintaii
encroachment structure.
3. This agreement is made for the direct benefit of owner’s land i
described and the covenants and conditions herein contained shall run with said Ian
shall be binding on the assigns and successors of owners.
4. Owner agrees to remove structure upon order from the City.
NOW, THEREFORE, be it resolved by the City Council of the City of Carl
California, as follows:
1. That the above recitations are true and correct.
L -.
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2. That the Mayor and City Clerk are authorized to sign an Encroacl
Agreement and the City Clerk is authorized to cause the original agreement
recorded in the office of the County Recorder of San Diego County, State Of Calif
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsba
Council held on the 20thday of August , 1991 by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Larson, Stanton
NOES: None
ABSENT: None
Nygaard
ATTEST:
(2QQxL- 2- Rny
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)